Wednesday, October 3, 2012, 2:16 PM

Should Trademark Holders Seek a Jury Trial in IP Litigation?

WINSTON-SALEM, N.C.—Under what circumstances should a legal team seek a jury trial in intellectual property litigation? Managing Intellectual Property magazine asked several noted litigators, including Womble Carlyle’s Jake Wharton, this question in their October 2012 issue.

Wharton says that “For a trademark owner, requesting a jury usually makes sense when the main issue to be determined is likelihood of confusion.” However, under other circumstances—such as when a trademark owner expects a defendant to raise trademark ownership questions—a bench trial may be more appropriate, Wharton tells Managing Intellectual Property.

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